Wills, Trusts and Probate Administration Syllabus for 2019-2020
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Instructor Information

Phone

Office Location

<p>BYRD 323E</p>

Office Hours

MONDAY:  11:00 AM-1:00 PM

TUESDAY:  11:00 AM-1:00 PM

THURSDAY:  9:00 AM- 10:30 AM

Course Information

COVID-19 Protocols

Recording Policy

Disability Statement

If you have a disability (learning, mental, physical) that affects your ability to participate effectively and have access to any program or service at Amarillo College please contact Disability Services at (806) 345-5639 . Our offices are located in the Student Service Center office 112. More information may be found at www.actx.edu/disability.
Disability Services facilitates access to all programs and services according to the ADA, Americans with Disabilities Act and Section 504 of the Rehabilitation Act, as well as other federal and state laws.

Amarillo College Web Accessibility Policy Statement

Amarillo College is committed to providing equal access to all programs and services, including all working, learning, and service environments that affect equal access for persons with disabilities. This commitment to provide equal access and opportunity for persons with disabilities is in compliance with federal and state law. Amarillo College also strives to provide Electronic and Information Resources (EIR) that are accessible to all authorized users.

If you find you are unable to access material in an accessible format please contact the Disability Services Office at (806) 345-5639 . This office will work in conjunction with other campus resources to address and accommodate your issue in a timely manner.

Statement for Mental Health and Advocacy & Resource Center:

As a student you may experience a range of issues that can cause barriers to learning, such as strained relationships, increased anxiety, alcohol/drug problems, feeling down, difficulty concentrating and/or lack of motivation. These mental health concerns or stressful events may lead to diminished academic performance or reduce a student's ability to participate in daily activities. Amarillo College offers services to assist you with addressing these and other concerns you may be experiencing. If you or someone you know are suffering from any of the aforementioned conditions, you can learn more about the broad range of confidential mental health services available on campus by calling the AC Counseling Center at 806-371-5900. The AC Counseling Center website is https://www.actx.edu/counseling/ . Also, if you are in need of social services (affordable housing, utilities, transportation, food, clothing, childcare, medical/dental/vision, legal), please call the AC Advocacy & Resource Center at 806-371-5439. The AC Advocacy & Resource Center website is https://www.actx.edu/arc

Amarillo College Tutoring for Success Policy:

The Tutoring for Success policy applies to any student whose grade or performance in the course falls below a departmentally determined minimum threshold. In either of those cases, the instructor will direct the student to the appropriate tutoring service, which may be faculty-led, discipline-specific, and/or general. Under this policy, the instructor will follow specific departmental guidelines governing the use, duration, and grade component of the tutoring need.

Administrative Drop Policy

Students who do not attend class on or prior to the census date will be administratively dropped. Effective Fall, 2016

Student Withdrawal Procedures

Students who wish to withdraw from a course must complete all steps indicated on the Academic Withdrawal Request form by the course withdrawal deadline.

NOTE: Students who are attending Texas institutions of higher education, for the first time fall 2007 and later, may not withdraw from more than six courses during their academic career. This withdrawal limitation does not include dual credit or developmental classes (Senate Bill 1231 Rule 4.10.) For more information on Drop and Withdrawal Policies, please visit the Registrar's Office Web site.

Privacy Statement

The Amarillo College Privacy Policy is found at https://www.actx.edu/-amarillo-college-privacy-notice , and applies to all Amarillo College students.  If you have questions about this privacy statement or you believe that your personal information has been released without your consent, send email to humanresources@actx.edu .

Course

LGLA-1353-001 Wills, Trusts and Probate Administration

Prerequisites

Prerequisite: LGLA 1307 and BCIS 1305 or Department Chair consent

Course Description

This course presents fundamental concepts of the law of wills, trusts and probate administration with emphasis on the paralegal's role.

Student ResourcesStudent Resources Website

Department Expectations

Occupational License Disclaimer

Notice to Students enrolled in an educational program for preparation of issuance of certain occupational licenses:

Students enrolled in an educational program in preparation for obtaining certain occupational licenses are potentially ineligible for such license if the student has been convicted of an offense. For further information, please contact:

Melodie Graves
Justice Involved Advocate
Student Service Center 117
mgraves24@actx.edu
806-371-5995
Make appointment at https://melodiegraves.youcanbook.me

You can also contact the Legal Clinic, or the faculty member in charge of the educational program that you seek to enroll in. The further information you will receive will include notification to you of your right to request a criminal history evaluation letter from the licensing authority in order to clarify your particular situation.

Hours

(3 sem hrs; 3 lec)

Class Type

Hybrid

Syllabus Information

Textbooks

Administration of Wills, Trusts, and Estates, 5th edition
Gordon Brown & Scott Myers (Cengage Learning)
ISBN-13: 978-113-301-6779

Supplies

3-ring notebook for portfolio items.

Student Performance

The student will define and properly use terminology related to wills, trusts, and probate administration locate, describe, and analyze sources of law relating to wills, trusts, and probate administration; describe the role and ethical obligations of the paralegal in wills, trusts, and probate administration; and draft documents commonly used in wills, trusts, and probate administration.
After studying the material presented in this course of study, the student will be able to do the following as evaluated by the faculty in the Paralegal Studies program:
  1. Demonstrate knowledge of the purpose and need for a will.
  2. Identify, explain, and classify the concepts of property relating to wills, trusts, and estate administration.
  3. Identify the proper court for supervising the administration and distribution of a decedent’s estate and explain the functions of the participants for drafting wills and trusts.
  4. Recognize, understand, and discuss the law of succession.
  5. Demonstrate basic knowledge related to wills including validity requirements and proper procedures for modification, revocation, and contests.
  6. Understand and demonstrate knowledge related to the collection and assimilation of relevant facts in preparation for drafting a will including procedures for use of checklists and client conference practices
  7. Identify and complete elementary tasks to demonstrate knowledge of proper procedures for drafting and executing a valid, legal will. 
  8. Understand basic trust terminology, define essential elements of trusts, identify participants in the creation and operation of a trust, and explain how a trust is terminated.
  9. Understand procedures, principles, ethics related to estate planning and probate and estate administration.
  10. Understand the characteristics and purposes of a guardianship.

Students Rights and Responsibilities

Student Rights and Responsibilities

Log in using the AC Connect Portal

In order to receive your AC Connect Email, you must log in through AC Connect at https://acconnect.actx.edu .

If you are an active staff or faculty member according to Human Resources, use "Exchange". All other students, use "AC Connect (Google) Email".

Expected Student Behavior

I. Students and teachers have obligations to each other.

II. What I expect from students:

You will treat everyone in the class with the respect due all human beings.

You will do the work outlined in the syllabus on time.

You will not plagiarize or otherwise steal the work of others.

You will accept the consequences – good and bad – of your actions.

III. What students can expect from me:

I will treat you with the respect due all human beings.

I will treat you as an individual.

I will not discriminate against you on the basis of your identity or your viewpoints.

I will manage the class in a professional manner.

I will respond to student email within 24 hours, including weekends and holidays.

I will pursue the maximum punishment for plagiarism, cheating, and other violations of academic integrity.

I will keep careful records of your performance and progress.

I will make myself available to you for help and am willing to discuss anything even tangentially related to this class, college, law school, or the legal profession.

I will respect the fact that you have lives and commitments outside college, but I do not consider those to be excuses for not being prepared.

If I am notified in advance, I will make every reasonable effort to accommodate particular situations that may arise in your life.

I will make every reasonable effort to accommodate sudden, unexpected, extraordinary situations that are impossible for you to notify me about in advance.

I will maintain confidentiality concerning your performance.

I will provide you with professional support and write recommendations for you, if appropriate.

I will be honest with you.

Your grade will reflect the quality of your work and nothing else.

Grading Criteria

GRADING

Portfolio/Drafting Assignments

40%

Homework/Inclass Assignments

20%

Midterm 15%
Final 15%

Attendance/Class Participation 10%

TUTORING POLICY:  IF A STUDENT MAKES A GRADE BELOW 70 ON ANY ASSIGNMENT OR EXAM, THAT STUDENT WILL BE REQUIRED TO COMPLETE A MINIMUM OF 1 HOUR IN THE APPROPRIATE TUTORING CENTER OR APPROVED TUTORING RESOURCE WITHIN 2 WEEKS OF RECEIVING THAT GRADE.

Attendance

You are expected to be prepared for and promptly attend all scheduled class meetings.

Should you miss a class, it is your responsibility to determine what you have missed and to take appropriate measures. I highly recommend that you get notes from someone in class for any class you must miss.

It is your responsibility to initiate a drop or withdrawal through the Registrar's Office.  If you stop attending class, but fail to officially withdraw from the course, you will receive a final grade of F.

Calendar

 

WEEK DATE PREP FOR CLASS MEETING CLASS MEETING ASSIGNMENT DUE
1 August 26 --- Introductions

Review Syllabus

Review Portfolio Assignment
 
All homework assignments are due the Sunday before the next class period immediately following the the class period in which the assignment was given unless stated otherwise.

2
September 2

Read Chapter 1 & 2

Overview of Wills, Trusts, and Probate Administration

Introduction to Pro Doc
Homework: Answer "Sharpening Your Professional Skills" questions on p. 19 (1-8) and p. 45 (1-5)
 
3 September 9

Read Chapter 3

Discuss Group Assignment

A Bundle of Rights - Overview of Property Law

Portfolio: Create a will questionnaire

Homework: Answer "Sharpening Your Professional Skills" questions on p. 73 (1-8)

4 September 16

TBA-Work on Group Assignments

 

 

Portfolio: Draft Retainer Agreement (flat fee/simple will)

Portfolio: Draft Dis-Engagement Letter (completion of services)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 106 (1-7)

5 September 23 Read Chapter 5

The Last Will and Testament

 

Portfolio: Draft a will, medical power of attorney, durable power of attorney, directive to physicians (John Smith)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 142 (1-5)

6 September 30

Read Chapter 6

Discuss Group Assignment

Structure of the Model Will Homework: Answer "Sharpening Your Professional Skills" questions p. 180 (1-13)
7 October 7

Read Chapter 12

Read Texas Estates Code 

Probating a Will

Portfolio: Read probate code and create checklist for "Affidavit of Heirship"

Portfolio: Draft "Affidavit of Heirship"

Homework: Answer "Sharpening Your Professional Skills" questions on p. 357 (1-4)

8 October 14 Read Chapter 10 Pro Doc Training - Probate

Homework: Answer "Sharpening Your Professional Skills" questions on p. 283 (1-3)

Midterm Due October 20

9 October 21

Fall Break

 

Fall Break

 

Fall Break

 

 


10

October 28

Read Chapter 7

Family Protection, Lapses, and Ademption


Portfolio: Drafting Assignment

Homework: Answer "Sharpening Your Professional Skills" questions on p. 205 (1-4)


11

November 4


Read Chapters 8 & 9

 

Group Presentations


Trusts and Specialized Trusts

Portfolio: Draft Retainer Agreement (flat fee/probate)

Portfolio: Draft Probate Questionnaire

Homework: Answer "Sharpening Your Professional Skills" questions on p. 235 (1, 5-10) and p. 260 (2-6)

12

November 11

Read Chapters 13 & 14

Read Texas Estates Code 


Estate Taxes

Final Choices

Portfolio: Draft a will with testamentary trust for minor child 

Homework: Answer "Sharpening Your Professional Skills" questions on p. 384 (1-2) and p. 417 (1-4)


13

November 18

No Class Work on Drafting Assignments for Portfolio


 

Portfolio: Read probate code and create checklist for "Small Estate Affidavit and Order"

Portfolio: Draft "Small Estate Affidavit and Order"


14

November 25

Read Texas Estates Code

 

Portfolio: Read probate code and create checklist for "Muniment of Title and Order"

Portfolio: Draft "Muniment of Title and Order"


15

December 2

Read Chapter 11

The Personal Representative

Portfolio: Draft personal will

Homework: Answer "Sharpening Your Professional Skills" questions on p. 315 (1-5)


16

17

 

 


December 9

December 16

Review for Final

Final Exam

 

 

 


---

 

 Final Exam Due December 18

 

Additional Information

Fall 2019
Important Dates to Remember
August 26
First Day – Fall 2019
September 2
Labor Day – AC Closed
October 19- October 27
Fall Break
November 26
Last Day to Withdraw
November 28-December 1
Thanksgiving Holiday – AC Closed
December 15-December 20
Finals Week
December 20 
Commencement

 

Syllabus Created on:

08/20/15 1:22 PM

Last Edited on:

08/26/19 12:11 PM